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Reports of Cases in Law and Equity in the Supreme Court of the State of New York
Oliver Lorenzo Barbour
Uten tilgangsbegrensning - 1860
agreement alleged amount annuity appear application appointment assigned authority Bank Barb bill board of police brigade Canandaigua cause of action charge claim complaint constitution contract conveyance conveyed corporation counsel court court of chancery court of equity creditors death debt deceased declared deed defendant defendant's delivery district drafts duty election entitled equity evidence executed executors fact fendant fraud fund held indorsed intention interest issued Jane Lynch judge judgment jury justice lands Leggett legislature liable lien Lynch ment Metropolitan Police District mortgage Niagara Niagara Falls objection owner paid parol parties payment person plaintiff possession premises promissory note proved provisions purchase purpose question Rail Road Company real estate received recover share sold statute statute of frauds suit testator thereof tiff tion trial trust valid void Wend widow wife witness Yates County York
Side 360 - All city, town and village officers, whose election or appointment is not provided for by this Constitution, shall be elected by the electors of such cities, towns and villages, or of some division thereof, or appointed by such authorities thereof, as the Legislature shall designate for that purpose.
Side 308 - From time to time to borrow such sums of money as may be necessary for completing and finishing or operating their railroad, and to issue and dispose of their bonds for any amount so borrowed, and to mortgage their corporate property and franchises to secure the payment of any debt contracted by the company for the purposes aforesaid...
Side 186 - That whensoever the death of a person shall be caused by wrongful act, neglect, or default and the act, neglect, or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof...
Side 310 - When any thing is granted, all the means to attain it, and all the fruits and effects of it, are granted also, and shall pass inclusive, together with the thing, by the grant of the thing itself, without the words cum pertinentiis, or any such like words. Cuicunque aliquid conceditur, conceditur etiam et id sine quo res ipsa non esse potuit.
Side 223 - Governor ; and no commissioned officer shall be removed from office, unless by the Senate on the recommendation of the Governor, stating the grounds on which such removal is recommended, or by the decision of a court martial, pursuant to law. The present officers of the militia shall hold their commissions subject to removal, as before provided.
Side 409 - ... tending to render the judgment ineffectual, a temporary injunction may be granted, to restrain such act. And where during the pendency of an action, it shall appear by affidavit, that the defendant threatens, or is about to remove, or dispose of his property, with intent to defraud his creditors, a temporary injunction may be granted to restrain such removal or disposition.
Side 284 - ... esse or not, it attaches in equity, as a lien or charge upon the particular property, as soon as the assignor or contractor acquires a title thereto against, the latter, and all persons asserting a claim thereto under him, either voluntarily, or with notice, or in bankruptcy.
Side 188 - When the death of a person is caused by wrongful act, neglect, or default which would have entitled the party injured to maintain an action and recover damages if death had not ensued...
Side 307 - To lay out its road not exceeding six rods in width, and to construct the same; and for the purpose of cuttings and embankments, to take as much more land as may be necessary for the proper construction and security of the road...
Side 24 - The Legislature shall provide for filling vacancies in office, and in case of elective officers, no person appointed to fill a vacancy shall hold his office by virtue of such appointment longer than the commencement of the political year next succeeding the first annual election a,fter the happening of the vacancy.